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HomeMy WebLinkAbout2002-165 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND DENTON COUNTY, TEXAS FOR REPLACEMENT OF THE UNION PACIFIC RAILROAD BRIDGE OVER U.S. HIGHWAY 377; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The Mayor, or in her absence the Mayor Pro Tem, is hereby authorized to execute, on behalf of the City, an Interlocal Cooperation Agreement between the City of Denton, Texas and Denton County, Texas for replacement of the Union Pacific Railroad Bridge over U.S. Highway 377, substantially in accordance with the Interlocal Cooperation Agreement which is attached hereto and incorporated by reference herein. SECTION 2. The expenditure of funds as set forth in the Interlocal Cooperation Agreement is hereby authorized. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. //` PASSED AND APPROVED this the 1 —� day of 2002. O EULINE BROCK,MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY B Ci0A ROVE AS TO LEGAL FORM: HERBERT L. PROUTY ITY ATTORNEY By: SAOur Documents\0rdinencc8\02\hwy 377 bridge.doc S:\Our Doeumrnts\C=wwUM%wy 377 briagahm THE STATE OF TEXAS ) COUNTY OF DENTON ) INTERLOCAL COOPERATION AGREEMENT FOR REPLACEMENT OF THE UNION PACIFIC RAILROAD BRIDGE OVER U.S. HIGHWAY 377 (FORT WORTH DRIVE) BETWEEN THE CITY OF DENTON AND DENTON COUNTY,TEXAS THIS AGREEMENT is made and entered into by and between Denton County, Texas, a political subdivision of the State of Texas, hereinafter referred to as "County" and the City of Denton, Texas, a corporate and political body organized and existing under the laws of the State of Texas, hereinafter referred to as "City". This Agreement is for purposes of the completion of certain design and construction components for the replacement of the Union Pacific Railroad Bridge over U.S. Highway 377, hereinafter referred to as the "Project." WHEREAS, the County has provided funding for several road projects within the limits of the City through and as part of the January 1999 Better Safer Roads Bond Program; and WHEREAS, City and County value the early completion of the Project which involves roads which are integral parts of the County's and City's road systems; and WHEREAS, City and County mutually desire to be subject to the provisions of V.T.C.A., Government Code, Chapter 791, the Interlocal Cooperation Act; and WHEREAS, City desires the participation of County in the Project as authorized by V.T.C.A., Transportation Code,Section 251.012; City of Denton ICA I NOW, THEREFORE, it is mutually agreed by the parties hereto as follows: I. The term of this Agreement shall commence upon execution by all.parties and shall terminate upon completion of the Project or upon termination of this Agreement under the provisions of Section VIII. 11. The Project is described as follows: Replacement of the Union Pacific Railroad Bridge over U.S. Highway 377. III. Pursuant to V.T.C-A., Government Code Section 791.011, the parties hereto agree that the purpose of this Agreement is to ensure that certain governmental functions and services in the area of railroad bridge, roads and drainage are performed. The parties hereto further agree that each of them is authorized to perform the functions and services individually. IV, As required by V.T.C.A., Transportation Code Section 251.012 and as evidenced by the signature of the City's representative below, the governing body of the County, by the execution of and approval of this Agreement approves of the expenditure of County money-to participate in or to fund an amount not to exceed NINE HUNDRED THIRTY THOUSAND AND 00/100 (5930,000.00), for the project. V. In performance of this Agreement, the City will be responsible for hiring the engineering firm for the Project. Additionally, the City agrees that all funds remaining after the procurement of engineering services will be committed to the construction of the Project and/or procurement of right-of-way. City of Denton ICA VI. In performance of this Agreement, the City and as evidenced by the signature of the City's representative below, the governing body of City by the execution of and approval of this Agreement approves of the expenditure of City money to participate in or to fund an amount not to exceed NINE HUNDRED THIRTY THOUSAND AND 00/100 ($930,000.00), for the project.. VII. As the City proceeds in the completion of the Project, it shall submit invoices on a monthly basis for reimbursement of an amount not to exceed NINE HUNDRED THIRTY THOUSAND AND 00/100 ($930,000.00), unless otherwise authorized by the governing body of the Denton County, to the Denton County Auditor, 401 W. Hickory, Suite 423, Denton, Texas 76201, and the County shall reimburse the City for all expenditures related to the Project within Thirty (30) days of receipt of these invoices. Attached to this Agreement is a certification by the County Auditor that the County shall include the sum not to exceed NINE HUNDRED THIRTY THOUSAND AND 00/100 ($930,000.00), in its budget and that this amount shall be itemized, set aside and approved by the County Commissioners Court to be expended for the Project. VIII. This Agreement may, be terminated in whole or in part by the County or City upon thirty (30) days' written notice to the other party setting forth a substantial failure by the defaulting party to fulfill its obligations under this agreement tluough no fault of the terminating party: No such termination may be affected unless the defaulting party is given: (1) written notice delivered by certified mail, return receipt requested of intent to terminate setting forth the substantial failure to perform; and (2) not less than thirty (30) calendar days to cure the failure; and (3) an opportunity for consultation with the terminating party prior to termination. In the event of termination by the County, County shall reimburse the City of Denton ICA / 1 City for all invoices submitted up to and including the date of termination. Notices shall be directed as follows: For City: Hon. Euline Brock The City of Denton Mayor 215 E. McKinney Street Denton, Texas 76201 Copy To: Michael Conduff, City Manager City of Denton 215 E. McKinney Street Denton, Texas 76201 For County: Hon. Mary Horn Denton County Judge 110 East Hickory Denton, Texas 76201 Copy to: District Attorney's Office/Civil Division 1450 East McKinney P.O. Box 2850 Denton, Texas 76201 Ix. The covenants, conditions and terms hereof are to be construed under the laws of the State of Texas and are performable by all parties in Denton County, Texas. The parties mutually- agree that venue for any obligation arising from this Agreement shall lie in Denton County, Texas. X. This writing is intended by the parties as a final expression of their agreement and as a complete and exclusive statement of the terms, of their agreement. This Agreement can be modified or terminated according to the provisions of Section VIII only by writing signed by both of the parties or their duly authorized agents. City of Denton 1CA SA0ur DoeumenlsSConhwuk 11hwy 377 bridge.doe Xl. This Agreement is not intended to extend the liability of the parties beyond that provided by law. Neither County nor City waives, nor shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims arising by third parties. XII. In the event that any portion of this Agreement shall be found to be contrary to law, it is the intent of the parties hereto that the remaining portions shall remain valid and in full force and effect to the extent possible. XIII. The undersigned officers and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties hereto and each party hereby certifies to the other that any and all necessary resolutions extending said authority have been duly passed and are now in full force and effect. EXECUTED in duplicate originals. COUNTY CITY Denton County,Texas The City of DENTON, Texas 110 West Hickory 215 E. McKinney Street Denton,Texas 76201 Denton, Texas 76201 By: By: &j—, Hon. irAm Hon. Euline Brock Denton County Judge The Mayor for the City of Denton Acting on behalf of and by Acting on behalf of and by authority of the Commissioners authority of the City Council of Court of Denton County,Texas Denton, T xas Date: - �dU Date: l 7 City of Denton ICA 5 5:10ur bocumenls\Conhmc1s\01\hwy 377 bridged« mmis rp s 4^ � _A Attest: ;© Attest: By; n By: 1" Cynt is Mitchell, County Clerk Je er W ters, City Secretary Approved as to form: Approved as orm: 4i14� By:- Robert-Schell- Herbert L. outy Assistant District Attorney City Attorn y AUDITOR'S CERTIFICATE I hereby certify funds will be available in the amount iwi to exceed '�-1 t ,. -.; � N , . , 1 u, will be committed to L 1 1 itl\1 1 1 1 it_%�,/J A-V 1. AJ�J,.:� tJv engineering and design and the remainder will be applied towards right-of-way acquisition, utility relocation and construction, toward financing the Project to accomplish and pay the obligation of City of Denton, Texas under this Agreement. Kathy DuBose, Assistant City Manager of Fiscal & Municipal Services City of Denton ICA 6 AUDITORS CERTIFICATE I hereby certify that funds are available in the amount of NINE HUNDRED THIRTY THOUSAND and NO\100 ($930,0001.00) to accomplish and pay the obligation of Denton County under this contra t. 11;1141,OA s Wells, Denton Coup Auditor APPROVAL OF INTERLOCAL COOPERATION AGREEMENT PROJECT The County of Denton, acting by and through its County Commissioners Court, having been advised of a project requiring replacement of the railroad bridge over U.S. Highway 377, under an Interlocal Contract, herein gives its specific written approval of the project prior to beginning the project in satisfaction of the requirements of V.T.C.A., Government Code, Chapter 791, the Interlocal Cooperation Act, Section 791.014. The description of the type of project to be undertaken and its location are as follows: replacement of the Union Pacific Railroad Bridge over U.S. Highway 377, located within the City of Denton. The local government which requested the project and with which Denton County has contracted is the City of Denton. By vote on this date, the Commissioners Court has approved the project identified above and authorized execution of this document by the presiding officer on behalf of Denton County,Texas. leBy: Presiding Officer of the Denton County Commissioners Court Project Approval Page I